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Minimum Sexual Harassment Prevention Training Standards for All Employers
ALERT on Sexual Harassment Prevention Training Law: Public Act 101-0221 amended the Illinois Human Rights Act ("IHRA") requiring: Illinois employers to provide annual sexual harassment prevention training by December 31, 2020 and annually thereafter; restaurants and bars to establish and disseminate a written policy on sexual harassment prevention training and provide "supplemental" sexual harassment prevention training; and the Illinois Department of Human Rights ("IDHR") to develop a model sexual harassment prevention training program for use by employers. Employers may develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in Section 2-109(B) and/or Section 2-110(C) of IHRA. For more information, please review our Frequently Asked Questions page on sexual harassment prevention training and associated subpages. Here you will also find informational handouts.
Employers Must Provide Sexual Harassment Prevention Training
Every employer with employees working in the State of Illinois is required to provide all employees with annual sexual harassment prevention training that complies with Section 2-109 of the Illinois Human Rights Act ("IHRA").[1] Employers may develop their own sexual harassment prevention training program that meets or exceeds the minimum standards for sexual harassment prevention training as outlined in Section 2-109(B) of the IHRA, or they may use the model sexual harassment prevention training developed by the Illinois Department of Human Rights ("IDHR").
Restaurants and bars are required to provide "supplemental" sexual harassment prevention training that complies with Section 2-110 of the IHRA.[2]
Minimum Standards for Sexual Harassment Prevention Training
Employers may develop their own sexual harassment prevention training programs provided they meet or exceed the minimum training standards outlined in Section 2-109(B) which include:
- an explanation of sexual harassment consistent with the IHRA;
- examples of conduct that constitutes unlawful sexual harassment;
- a summary of relevant federal and State statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment; and
- a summary of responsibilities of employers in the prevention, investigation, and corrective measures of sexual harassment.
Additional Compliance Information
- Supplemental Training. For the purposes of satisfying the requirements under Section 2-109, employers may use IDHR's model sexual harassment prevention training program to supplement any existing program an employer is utilizing or develops.
- Deadline to Train Employees. Employers must train employees by December 31, 2020 and on an annual basis thereafter.
- Civil Penalty. Any employer that is in violation of Section 2-109 will be issued a notice to show cause giving the employer 30 days to comply. Failure to comply within 30 days will result in IDHR petitioning the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer.
For more information please visit IDHR's website at www.illinois.gov/dhr/training. View Section 2-109 and Section 2-110 of the Illinois Human Rights Act.
[1] Section 2-109 requirements do not apply to employers subject to Section 5-10.5 of the State Officials and Employees Ethics Act.
[2] For more information about Section 2-110 (training requirements for restaurants and bars), visit IDHR's website and download handout SHP-TR01 (Sexual Harassment Prevention: Minimum Training Standards for Restaurants and Bars).